Mikhail Charles

Mikhail has substantial experience within this area, regularly advising, drafting and appearing in matters such as boundary disputes, trespass, easements, freehold and leasehold covenants, nuisance, rights of way, adverse possession and compulsory purchase orders, appearing in both Courts and Tribunals in England and Wales and in the offshore Caribbean.

Feedback from a client in a recent property case was: "I just wanted to drop you a quick note to express our gratitude for the first-class representation you provided us at the County Court today. This was a case that had extended far longer than anticipated, and your good work in the courtroom has provided a much needed resolution."

Mikhail appears in courts and tribunals in England and Wales and in the Caribbean in relation to property disputes. He is also able to advise on disputes which touch on the two jurisdictions – for example contentious probate disputes in England and Wales where one of the assets of the estate is land in the Caribbean.

In conjunction with real property, landlord and tenant work constitutes an extensive part of Mikhail's practice. He undertakes commercial and residential work on behalf of both landlords and tenants (including legally aided work for tenants). Mikhail has experience dealing with many areas including the creation of leases, both equitable and legal, all manner of issues appertaining to the Landlord and Tenant Act 1954 and the forfeiture, surrender and determination of leases.

He is regularly instructed to conduct cases for both landlords and tenants relating to assured shorthold and assured tenancies, disrepair, the accelerated possession procedure and rent arrears.

Representative instructions include:

• Advising and preparing Defences to a variety of claims for unpaid rent which raised issues of disrepair, contractual interpretation, validity of Section 8 and Section 21 Notices.
• Appearing at a number of private rental possession proceedings (and advising on such proceedings)
• Advising on and preparing Particulars of Claim for a variety of circumstances, including  the forfeiture of commercial leases, residential property etc.
• Representing Parties in diverse applications to the First Tier Tribunal.
• Representing landlords and property owners in residential possession proceedings against tenants and trespassers

Following a recent case, Mikhail's instructing solicitor reported back as follows: "Thank you ever so much for a resounding result. I am extremely pleased. Sometimes you just have to put it before a judge. Not that results are always guaranteed but, I’m glad this one was a good call, thanks to you."

Mikhail has developed a UK facing practice dealing with co-ownership of a home or other property in non-marital relationships, proprietary estoppel and undue influence under TOLATA 1996 and in the offshore Caribbean.

Representative experience includes:

• Advising personal representatives on the proper construction of a will and how the estate assets fall to be distributed;
• Representing the Claimant in Part 8 proceedings in relation to the administration of a trust (the case settled prior to trial);
• Representing the Claimant in contested Part 8 (now Part 7 proceedings) for Section 15 TOLATA proceedings over a joint names property valued at £2 million.

He has considerable experience of appearing in court and advising on a wide range of corporate and personal insolvency matters. He welcomes instructions in this area of practice.

Representative instructions include:

• Appearing for petitioning creditors and companies at the hearing of numerous winding up petitions;
• Appearing for petitioning creditors and debtors at the hearing of numerous bankruptcy petitions;
• Advising and appearing on a variety of applications to set aside statutory demands.

Mikhail has experience of advising on a range of company law matters and appearing at trials and hearings on behalf of companies and company directors. He welcomes instructions in this practice area.

Representative instructions include:

• Appearing at a hearing concerning a claim for rectification of a company’s register of members;
• Advising on an application to restore a company to the register;
• Appearing on applications to extend time for the registration of a charge.

Mikhail is qualified in a number of Caribbean jurisdictions, and is able to appear in the courts of the British Virgin Islands, St Kitts & Nevis and St Vincent and the Grenadines. His practice in those areas is primarily made up of property, corporate and commercial work and insolvency proceedings. Mikhail regularly travels to the Caribbean to appear in courts there.

Mikhail is also able to accept instructions in the ADGM courts in Abu Dhabi. 

Mikhail is also able to accept instructions in cases proceeding in England and Wales where there is an offshore element – for example where there is a judgment which may need to be enforced in the Caribbean. He can act as an advocate or an expert witness in such cases.

Mikhail is able to accept instructions as an expert witness for anyone requiring advice on the law in other jurisdictions where he is qualified. He can advise, for example, on the various methods of enforcing a judgment in the Eastern Caribbean and the correct procedure for each. Mikhail accepts instructions as a sole expert or single joint expert, and is familiar with the requirements under CPR 35.

Mikhail is also able to advise on the operation of English law in Caribbean jurisdictions, either in court or in arbitration proceedings.

To instruct Mikhail, please contact Rob Johnstone.